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When we step onto someone else’s property, whether it’s a grocery store, a friend’s house, or a public park, we expect to be safe. Owners have a legal duty to maintain their property in a reasonably safe condition for visitors.
When they don’t, and someone gets hurt because of it, premises liability law comes into play.
A Louisville premises liability lawyer can help you better understand your rights and pursue justice and maximum compensation if you’ve been hurt by unsafe conditions on someone else’s property.
The Centers for Disease Control and Prevention (CDC) estimates that accidental injuries in 2022 alone caused 25.5 million emergency room visits and 224,935 fatalities.
Premises liability cases are often complex, requiring a clear understanding of local laws, a detailed investigation, and training and experience in negotiation and litigation. Whether you’ve been hurt in a slip and fall, by inadequate security, or a dog bite, it’s important to have a qualified lawyer on your side to navigate Kentucky’s legal landscape.
What is Premises Liability?
Premises liability is the legal responsibility that property owners have for injuries that happen on their properties related to unsafe conditions that they’ve allowed.
It covers a wide range of incidents, but the key factor in all premises liability cases is proving that the property owner was negligent in keeping their property safe and it was that negligence which directly caused your injury.
Premises liability laws are rooted in the principle that property owners are responsible for taking steps to protect visitors from harm. Property owners aren’t automatically at fault for every injury that happens on their properties, but they are held responsible when they don’t address hazards in a reasonable amount of time that a reasonable owner would have otherwise identified and resolved.
Often, these injuries are the result of negligence or a failure to foresee and safeguard against hazards like wet and slippery floors, an unrestrained dog, exposed electrical wires, or broken, uneven walkways among others. Premises injuries can happen in many ways.
Common Types of Premises Liability Cases
Some of the most common types of premises liability cases in Kentucky include:
- Slip and Fall Accidents: These are some of the most common premises liability claims. Slip and fall accidents often happen in grocery stores, restaurants, office buildings, or private homes. Any premises that have wet floors, uneven surfaces, and poor lighting are at risk of dangerous falls. Snow and ice that aren’t properly cleared away or salted can also lead to falling injuries.
- Inadequate Security: Property owners must provide adequate security, especially in areas where there’s a known risk or history of crime. If they fail to install proper lighting or locks or hire professional security personnel, and someone gets hurt as a result, they may be held liable for having inadequate security.
- Dog Bites: Dog owners in Kentucky are responsible for the actions of their pets. If a dog bites someone on their property, the owner can be held liable for those injuries, whether or not the dog has previously shown signs of aggressive behavior.
- Swimming Pool Injuries: As fun as they are, swimming pools still pose significant risks, especially to small children. There are roughly 7,000 non-fatal injuries related to swimming every year. Pool owners must make sure that their pool is secured against unauthorized access, as well as conditions that could lead to accidental drownings or injuries. Failing to do so can result in a premises liability claim.
- Defective Staircases and Railings: Poorly maintained staircases, handrails, and walkways, or those in need of repair, can also lead to serious, even fatal, accidents. Owners need to make sure that these structures are safe, sturdy, and up to code to help prevent injuries.
Every premises liability case requires a thorough investigation to determine exactly what happened, how the injury occurred, and who’s responsible. Your premises liability attorney in Louisville will gather evidence, consult with experts, and build a strong case to prove that it was the property owner’s negligence that led to your injuries.
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Property owners have a legal obligation to maintain safe premises that are free from harm, and you have a right to safety. If you were harmed because of another person's negligent actions, it's important to understand your legal rights. Schedule a confidential and free case evaluation today.
Proving Negligence in a Premises Liability Case
For your premises liability case to be successful, you have to prove that the property owner was at fault.
Typically, this involves showing that the owner knew or should have known about the dangerous condition but failed to take reasonable steps to fix it or warn visitors to their property.
To do this, several key elements must be established:
- Duty of Care: The property owner had a legal duty of care to ensure that their property was safe for visitors. The level of duty can vary depending on the relationship between the property owner and the injured person. For example, owners of businesses owe a higher duty of care to customers than homeowners owe their guests.
- Breach of Duty: It must be proven that the property owner breached their duty of care because they failed to address a hazardous condition. This could involve failing to repair a broken staircase, not cleaning up a spill, or not supplying adequate security measures.
- Causation: The breach of duty directly caused your injury. It’s not enough to show that the property was unsafe; you have to prove that it was the unsafe condition that directly led to the accident and your resulting injuries.
- Damages: Finally, you’ll need to show that you suffered some type of loss or damage because of the accident. These damages often include medical bills, lost wages, pain and suffering, and other expenses related to your injury.
It can be extremely challenging to prove these elements, especially when you’re facing an uncooperative property owner or the manipulations common to insurance companies. An experienced premises liability attorney will know how to gather solid evidence, interview witnesses, and present a compelling case to prove negligence and liability.
Kentucky's Comparative Negligence Rule
In Louisville, premises liability cases are subject to Kentucky’s comparative negligence rule.
This means that if it’s decided that you were even partially responsible for the injuries in question, your compensation can be reduced equal to your percentage of fault. This is why a deep understanding of how our state’s comparative negligence works is so important when filing a premises liability claim. Insurance companies are famous for trying to shift blame onto the victim to reduce what they have to pay out.
A skilled lawyer will fight to protect your rights and ensure that you’re fairly compensated, even if you share partial responsibility for your injury.
If you’ve been injured due to an at-fault injury on someone’s property, a qualified Loiusville premises liability attorney can help you pursue the maximum compensation that you deserve. By proving that it was a property owner’s negligence that caused your injury, you make sure that they’re held accountable and you recover damages to cover your medical expenses, lost wages, and pain and suffering.
Contact us today for a free consultation.
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Contact a Premises Liability Lawyer in Louisville Now
If you were hurt on someone else's property, there is hope for the future. Our team of experienced premises liability lawyers have the knowledge and expertise needed to fully investigate your case. Contact us today to schedule your no-cost, no-obligation case consultation.
